According to a doctor's report, 37 year old Joshua Gaspar was only on his prescribed medication at the time the fatal crash that claimed the life of Ohio Highway Patrol trooper Ken Velez.
The report was released by Gaspar's physician Dr. Richard DeFranco, who reported he examined Gaspar and did blood work the day after the fatal Sept. 16 crash.
The crash report indicates trooper Velez was conducting traffic surveillance in Lakewood, along I-90 westbound, when Gaspar's vehicle left the road a hit Velez.
Initial court records indicated Gaspar was allegedly intoxicated on illegal drugs at the time of the crash.
The official toxicology report on Gaspar has still not been released. Gaspar was given a field sobriety test, but it's not clear he failed it at the scene.
However, Dr. DeFranco's report claims Gaspar did not have any illegal drugs or alcohol in his system, and only had a prescribed dose of methadone present when the crash took place.
Gaspar's attorney Jon Sinn told News 5 his client has been taking methadone for the past three years under the care of Dr. DeFranco as part of a plan to help him beat his addiction to painkillers.
Sinn claimed Gaspar has been clean for three years.
DeFranco's report also claimed that patients on prescription methadone show no signs of impairment while driving.
However according to the makers of methadone, the drug can impair a person ability to operate a motor vehicle.
Gaspar has been indicted on two counts of aggravated vehicular homicide in the crash, and is set to be arraigned on Sept. 30.
Gaspar is being held in jail on a $500,000 bond.
Sinn told News 5 he'll submit the doctors report during the arraignment hoping to get Gaspar's bond reduced, and get him out of jail while the case makes its way to trial.
The Cuyahoga County Prosecutor's office said it could not comment on the doctor's report or the on-going case.